Latest news with #VincenzoDeMaria
National Post
4 days ago
- Politics
- National Post
Deportation hearing for alleged Mafia boss in Canada derailed by wiretap decision
In the middle of a high-stakes deportation hearing against an alleged Mafia boss living in Canada, the government unexpectedly declared it will no longer rely on any evidence obtained from controversial Italian police wiretaps covertly made using the phones of visiting members of a mob family to Canada. Article content The announcement Friday threatens to derail yet another attempt to deport Vincenzo (Jimmy) DeMaria, a man accused of being a Mafia boss in Ontario who has successfully fought off deportation for more than 40 years. Article content Article content Article content An Immigration and Refugee Board (IRB) hearing is underway on the government's latest attempt to deport DeMaria based on allegations he is a member of the 'Ndrangheta, the proper name of the powerful Mafia that formed in Italy's region of Calabria. DeMaria has denied the allegation. Article content Article content Lawyers for DeMaria had repeatedly called for the Italian police wiretaps to be rejected, calling them illegal foreign interference. On Friday, however, they said the government's sudden agreement in the middle of the hearing was absurd. Article content 'What we have here is an abuse of process by the minister (of public safety),' said Shoshana Green, one of DeMaria's three lawyers at the hearing. Article content 'It is an absurdity that the minister, on a whim, is changing the nature of this entire hearing. How can Mr. DeMaria properly prepare for a matter when they are literally changing the foundation of their case four days in?' Article content Green said information from the wiretaps has already been extensively 'co-mingled' with other evidence entered in the case over years, including in two days of testimony earlier this week by a senior police officer from Italy who was the government's first witness at this hearing against DeMaria. Article content Article content Green asked Benjamin Dolin, the IRB member deciding the matter, to issue a stay of proceedings, which would suspend the government's appeal of an earlier immigration board decision to allow DeMaria to remain in Canada, where he has lived since moving from Italy as an infant. Article content Article content 'Or in the alternative, we would certainly consent to the minister abandoning their appeal,' Green said. Article content Andrej Rustja, arguing on behalf of Canada Border Services Agency, said that after reviewing its strategy for the case Thursday night, the government decided to not rely on the wiretaps recorded by Italian police in Canada in 2019 and told DeMaria's lawyers as a courtesy and to save time at the hearing. Article content Article content Dolin told Green the government's change 'would seem to benefit' her client. 'I don't see any prejudice to Mr. DeMaria,' but he adjourned the hearing to allow DeMaria's lawyers to file a written motion for a stay and for the government to respond.
Yahoo
21-07-2025
- Politics
- Yahoo
Canada's deportation of alleged Mafia boss hinges on foreign eavesdropping
A federal deportation appeal on Monday that will decide whether an alleged Mafia boss must return to his native Italy is raising questions about foreign interference and constitutional rights in Canada. At stake is the question of whether a foreign government should be able to arrange warrantless surveillance of a person on Canadian soil, and then use evidence obtained in a Canadian legal proceeding. Vincenzo (Jimmy) DeMaria was born in Siderno, Italy, but has resided in Canada for most of his life. Siderno is in the poor, southern region of Calabria — the toe on the boot of the Italian peninsula. The seaside town was home to a group of family clans of the Calabrian Mafia known as 'Ndrangheta that began to migrate to the Toronto area in the 1950s. The DeMaria family arrived in Canada in 1955 when Vincenzo DeMaria was just nine months old. Despite living in the country for all of his 71 years, he would never become a Canadian citizen. Both the Italian and Canadian governments declined to speak directly about the case. However, court filings provide a clearer picture of the Canada Border Services Agency (CBSA)'s allegations against the alleged mob boss. 'Ndrangheta, a powerful Mafia in Canada The 'Ndrangheta surpassed the Sicilian Mafia to become Italy's most powerful organized crime group many years ago, and it has spread its operations across Europe and the world, most notably Canada. In Toronto the 'Ndrangheta has been targeted in some of the biggest police operations of recent years, such as Project Sindacato in 2019, which focused on its illegal gambling operations. Canadian police have identified the most prominent branch of the 'Ndrangheta operating in Canada as the "Siderno Group," sometimes referred to in Italy as the Society of Siderno, because of its origins in DeMaria's hometown. Members of the group have allegedly accumulated considerable wealth through drug-smuggling, loan-sharking and other illegal activities, and were even able to infiltrate Canadian banks. The Government of Canada has argued that DeMaria is a senior figure in that criminal underworld, which he denies. His lawyer Jessica Zita told CBC News that DeMaria is a property manager. "He owns a number of properties and he manages all of them. Previously he was in the financial services business," she said. Italian police, however, have described him as one of the most senior leaders of the 'Ndrangheta in Canada, and a member of the group's Camera di Controllo, the equivalent of the Sicilian Mafia's Commission. DeMaria has denied those allegations. A murder in Little Italy In 1981, DeMaria shot a fellow Italian immigrant seven times in Toronto's Little Italy neighbourhood, and received a second-degree murder conviction for which he served eight years in prison. Because of that conviction he was never able to obtain Canadian citizenship and, like all convicted murderers, DeMaria is on parole for life, making him subject to re-arrest at any time. DeMaria has spent much of his life fighting to remain in Canada. His original deportation order, resulting from his murder conviction, was quashed in 1996. He was arrested again in 2009 and 2013 for associating with organized crime figures in violation of his parole conditions. In April 2018, he was ordered deported again on grounds of organized criminality, and placed in detention in the Collins Bay Institution in Ontario, pending appeal, only to be released into house arrest in 2020 as the COVID-19 pandemic hit and he had his own health complications. A visit from the old country While he was in prison in 2019, a murder in Siderno triggered a string of events that would become central to his case. A high-ranking mafioso called Carmelo "Mino" Muià was ambushed, and his brother Vincenzo Muià set off on a quest to find out who did it. Police have suggested he may also have been seeking the permission of the 'Ndrangheta's governing body to take revenge. His journey brought him to Canada, where he visited his second cousin DeMaria in prison at Collins Bay. What Muià didn't know was that the Italian Carabinieri — equivalent to Canada's RCMP — had installed spyware that effectively turned his phone into a microphone that was always on. In order to record his conversations on Canadian soil, however, they needed the co-operation of Canadian police. The Italians asked York Regional Police (YRP) for assistance both in intercepting communications and in maintaining surveillance on Muià while he was in Canada. But a Canadian Crown lawyer who was asked to review the request argued it should not be granted. Jeffery Pearson sent a letter to police in March 2019 stating that that he had found an "insufficient basis" to authorize surveillance under Part VI of the Criminal Code. He said there were "no reasonable and probable grounds to believe that either Mr. Muià or [travelling companion] Mr. Gregoarci have committed, or are committing, an offence in Canada." 'Illegal' surveillance, lawyers argue DeMaria's lawyers argue in their petition that things should have stopped right there. "Despite Pearson's clear denunciation and without the required judicial authorization, YRP moved ahead with the investigation and Mr. Muià's conversations during that time were illegally intercepted." They say the Muià was not only bugged but also placed under physical surveillance, without seeking judicial authorization and ignoring the legal advice given by Pearson. If they are successful, it would not be the first time that over-aggressive surveillance by York Regional Police may have sabotaged a case against alleged 'Ndrangheta members. Prosecutions arising from the Project Sindacato investigation, announced with great fanfare in 2019, ultimately fell apart in 2021 because YRP investigators were accused of eavesdropping on privileged conversations between the accused and their attorneys. Precedent for more snooping? DeMaria's lawyers dispute CBSA's arguments that the recordings made on Muià's phone support its contention that DeMaria is involved in organized crime. Only transcripts have been provided to Canadian courts and those appear to include lengthy sections that are paraphrased rather than verbatim. They also dispute whether references to a "Jimmy" in the recordings are really even about their client. And DeMaria's defence has poured scorn on the use of a police informant, Carmine Guido, who at times professed ignorance about the inner workings of the 'Ndrangheta, and who also made hundreds of thousands of dollars selling drugs while working with police. But their main argument against the CBSA's effort to remove DeMaria is that it relies on illegal recordings made at the instigation of a foreign government without regard for Canadian laws and civil liberties. If the precedent is allowed to stand, Zita says, "what that's saying is any foreign government can listen to us." She argued that the admission of paraphrased discussions "that aren't authenticated, that aren't tested," would also set a dangerous precedent. CBSA says all laws followed While declining to discuss DeMaria's case specifically, CBSA spokesperson Rebecca Purdy told CBC News that officials follow the law. "CBSA has a legal obligation to remove all foreign nationals found to be inadmissible to Canada under the Immigration and Refugee Protection Act," she said. "There are multiple steps built into the process to ensure procedural fairness and the CBSA only actions a removal order once all legal avenues of recourse have been exhausted." Zita says it's not that CBSA broke the law, but rather that it's relying partly on evidence collected illegally by York Regional Police. That, she said, must not be allowed to stand. "[Officials could] find ways through other countries outside of our borders with lower standards for evidentiary rules, take whatever evidence they're able to get using our technology, without having to report to anyone about it, bring that evidence back into our country and rely on it without any sort of testing whatsoever," she said. "That's as good as having no evidence at all. And it is demonstrably unfair for there's no way to reply to that. That's teetering very close to being an authoritarian regime." The virtual hearing begins on Monday at the Immigration Appeal Division in Toronto. The first witness is expected to be an investigator of the Carabinieri unit that made the original request for surveillance of Muià in Canada. Solve the daily Crossword
CBC
21-07-2025
- Politics
- CBC
Canada's deportation of alleged Mafia boss hinges on foreign eavesdropping
A federal deportation appeal on Monday that will decide whether an alleged Mafia boss must return to his native Italy is raising questions about foreign interference and constitutional rights in Canada. At stake is the question of whether a foreign government should be able to arrange warrantless surveillance of a person on Canadian soil, and then use evidence obtained in a Canadian legal proceeding. Vincenzo "Jimmy" DeMaria was born in Siderno, Italy, but has resided in Canada for most of his life. Siderno is in the poor, southern region of Calabria — the toe on the boot of the Italian peninsula. The seaside town was home to a group of family clans of the Calabrian Mafia known as 'Ndrangheta that began to migrate to the Toronto area in the 1950s. The DeMaria family arrived in Canada in 1955 when Vincenzo DeMaria was just nine months old. Despite living in the country for all of his 71 years, he would never become a Canadian citizen. Both the Italian and Canadian governments declined to speak directly about the case. However, court filings provide a clearer picture of the Canada Border Services Agency (CBSA)'s allegations against the alleged mob boss. 'Ndrangheta, a powerful Mafia in Canada The 'Ndrangheta surpassed the Sicilian Mafia to become Italy's most powerful organized crime group many years ago, and it has spread its operations across Europe and the world, most notably Canada. In Toronto the 'Ndrangheta has been targeted in some of the biggest police operations of recent years, such as Project Sindacato in 2019, which focused on its illegal gambling operations. Canadian police have identified the most prominent branch of the 'Ndrangheta operating in Canada as the "Siderno Group," sometimes referred to in Italy as the Society of Siderno, because of its origins in DeMaria's hometown. Members of the group have allegedly accumulated considerable wealth through drug-smuggling, loan-sharking and other illegal activities, and were even able to infiltrate Canadian banks. The Government of Canada has argued that DeMaria is a senior figure in that criminal underworld, which he denies. His lawyer Jessica Zita told CBC News that DeMaria is a property manager. "He owns a number of properties and he manages all of them. Previously he was in the financial services business," she said. Italian police, however, have described him as one of the most senior leaders of the 'Ndrangheta in Canada, and a member of the group's Camera di Controllo, the equivalent of the Sicilian Mafia's Commission. DeMaria has denied those allegations. A murder in Little Italy In 1981, DeMaria shot a fellow Italian immigrant seven times in Toronto's Little Italy neighbourhood, and received a second-degree murder conviction for which he served eight years in prison. Because of that conviction he was never able to obtain Canadian citizenship and, like all convicted murderers, DeMaria is on parole for life, making him subject to re-arrest at any time. DeMaria has spent much of his life fighting to remain in Canada. His original deportation order, resulting from his murder conviction, was quashed in 1996. He was arrested again in 2009 and 2013 for associating with organized crime figures in violation of his parole conditions, which bar him from contact with even his own brother. In April 2018, he was ordered deported again on grounds of organized criminality, and placed in detention in the Collins Bay Institution in Ontario, pending appeal, only to be released into house arrest in 2020 as the COVID-19 pandemic hit and he had his own health complications. A visit from the old country While he was in prison in 2019, a murder in Siderno triggered a string of events that would become central to his case. A high-ranking mafioso called Carmelo "Mino" Muià was ambushed, and his brother Vincenzo Muià set off on a quest to find out who did it. Police have suggested he may also have been seeking the permission of the 'Ndrangheta's governing body to take revenge. His journey brought him to Canada, where he visited his second cousin DeMaria in prison at Collins Bay. What Muià didn't know was that the Italian Carabinieri — equivalent to Canada's RCMP — had installed spyware that effectively turned his phone into a microphone that was always on. In order to record his conversations on Canadian soil, however, they needed the co-operation of Canadian police. The Italians asked York Regional Police (YRP) for assistance both in intercepting communications and in maintaining surveillance on Muià while he was in Canada. But a Canadian Crown lawyer who was asked to review the request argued it should not be granted. Jeffery Pearson sent a letter to police in March 2019 stating that that he had found an "insufficient basis" to authorize surveillance under Part VI of the Criminal Code. He said there were "no reasonable and probable grounds to believe that either Mr. Muià or [travelling companion] Mr. Gregoarci have committed, or are committing, an offence in Canada." 'Illegal' surveillance, lawyers argue DeMaria's lawyers argue in their petition that things should have stopped right there. "Despite Pearson's clear denunciation and without the required judicial authorization, YRP moved ahead with the investigation and Mr. Muià's conversations during that time were illegally intercepted." They say the Muià was not only bugged but also placed under physical surveillance, without seeking judicial authorization and ignoring the legal advice given by Pearson. If they are successful, it would not be the first time that over-aggressive surveillance by York Regional Police may have sabotaged a case against alleged 'Ndrangheta members. Prosecutions arising from the Project Sindacato investigation, announced with great fanfare in 2019, ultimately fell apart in 2021 because YRP investigators were accused of eavesdropping on privileged conversations between the accused and their attorneys. Precedent for more snooping? DeMaria's lawyers dispute CBSA's arguments that the recordings made on Muià's phone support its contention that DeMaria is involved in organized crime. Only transcripts have been provided to Canadian courts and those appear to include lengthy sections that are paraphrased rather than verbatim. They also dispute whether references to a "Jimmy" in the recordings are really even about their client. And DeMaria's defence has poured scorn on the use of a police informant, Carmine Guido, who at times professed ignorance about the inner workings of the 'Ndrangheta, and who also made hundreds of thousands of dollars selling drugs while working with police. But their main argument against the CBSA's effort to remove DeMaria is that it relies on illegal recordings made at the instigation of a foreign government without regard for Canadian laws and civil liberties. If the precedent is allowed to stand, Zita says, "what that's saying is any foreign government can listen to us." She argued that the admission of paraphrased discussions "that aren't authenticated, that aren't tested," would also set a dangerous precedent. CBSA says all laws followed While declining to discuss DeMaria's case specifically, CBSA spokesperson Rebecca Purdy told CBC News that officials follow the law. "CBSA has a legal obligation to remove all foreign nationals found to be inadmissible to Canada under the Immigration and Refugee Protection Act," she said. "There are multiple steps built into the process to ensure procedural fairness and the CBSA only actions a removal order once all legal avenues of recourse have been exhausted." Zita says it's not that CBSA broke the law, but rather that it's relying partly on evidence collected illegally by York Regional Police. That, she said, must not be allowed to stand. "[Officials could] find ways through other countries outside of our borders with lower standards for evidentiary rules, take whatever evidence they're able to get using our technology, without having to report to anyone about it, bring that evidence back into our country and rely on it without any sort of testing whatsoever," she said. "That's as good as having no evidence at all. And it is demonstrably unfair for there's no way to reply to that. That's teetering very close to being an authoritarian regime." The virtual hearing begins on Monday at the Immigration Appeal Division in Toronto. The first witness is expected to be an investigator of the Carabinieri unit that made the original request for surveillance of Muià in Canada.
